https://twitter.com/tribelaw/status/1350215948041646082

Laurence Tribe

@tribelaw

This is a terrific, even-handed roadmap to the upcoming impeachment trial of Donald J. Trump for the high Crime and Misdemeanor of incitement to insurrection

Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

By a 232-197 vote, the House of Representatives assured that future Jeopardy! viewers will someday jump off the couch in response to such a clue and shout, “Who is Donald J. Trump?” As long as the…

verdict.justia.com

4:59 PM · Jan 15, 2021

https://verdict.justia.com/2021/01/15/double-jeopardy-answers-to-six-questions-about-donald-trumps-second-impeachment-trial

So, in homage to the late Alex Trebek, here’s a guide to help you study up for future trivia as it unfolds.

$200: Can the Senate act in time to remove Trump from the presidency?

As we all know by now, impeachment is a two-stage process. The House first approves Articles of Impeachment, for which only a majority vote is needed. The Senate conducts a trial, requiring a two-thirds vote of those present to convict and remove an official from office.

Even if the Senate acted immediately, it would be a formidable challenge to complete a fair trial before Trump leaves office. But Mitch McConnell, the current Senate Majority Leader, has already rejected calling the Senate back into session before its currently scheduled return on January 19, claiming that do so would require unanimous consent of all 100 senators. McConnell’s game is not clear: he has shown some openness to convicting Trump, but without any urgency to do so. McConnell’s move seemingly ensures that Trump will remain in office through the end of his term at noon on January 20, leaving security for Joe Biden’s inauguration in the President’s far-from-trustworthy hands.

Trump’s departure from office—assuming that he leaves it without further violence—may take much of the air out of the impeachment balloon. But as long as there is time on the scoreboard and Donald Trump is in the Oval Office, you simply never know what’s going to happen. Just 10 days ago, the idea of a second impeachment was almost unfathomable. But in the course of a few hours, Trump somehow made it inevitable. As long as Trump remains in office, he could still say or do something even worse than inciting the January 6 putsch —if that is conceivable—something that requires immediate countermeasures.

If that happens, McConnell has the upper hand. Under a 2004 statute, the majority and minority leaders of the Senate can agree to reconvene without unanimous consent in an emergency. McConnell obviously chose not to exercise this authority now, though his Democratic counterpart, Minority Leader Chuck Schumer, urged him to do so. But McConnell could use the possibility of an emergency session to deter Trump from doing further damage before January 20, leaving it in Trump’s hands to run out the clock on the remainder of his term.

cont

>>12542915

>So, in homage to the late Alex Trebek, here’s a guide to help you study up for future trivia as it unfolds.

cont

$400: Can the Senate hold an impeachment trial after Trump has left office?

Short answer: A secure conviction requires the Chief Justice in the chair. It is a task worthy of his time. John Roberts should start measuring his impeachment robes.

$600: Who Will Preside Over the Senate Trial?

The Constitution provides that “When the President is tried” in an impeachment, “the Chief Justice shall preside.” (Art. I, Sec. 3, cl. 6). But does “the President” mean the current President only? Or does it mean anyone who has been President? The text of the Constitution does not say.

Short answer: A secure conviction requires the Chief Justice in the chair. It is a task worthy of his time. John Roberts should start measuring his impeachment robes.

cont

>>12542985

>>So, in homage to the late Alex Trebek, here’s a guide to help you study up for future trivia as it unfolds.

$800: Will There Be Witnesses?

The most consequential decision in Donald Trump’s first Senate impeachment trial was to exclude new witness testimony, a choice that Sen. McConnell pushed and the Senate approved by a razor-thin 51-49 vote. This deprived the impeachment managers of potentially explosive televised testimony from former National Security Advisor John Bolton, who had refused to testify before the House, as well as other first-hand witnesses. Instead, the Senate relied on the record compiled by the House and heard only legal arguments from the impeachment managers and Trump’s defense. Still, the trial lasted 20 days.

If the outcome of the vote is clear (in either direction), then a short trial with few or no witnesses is likely. But if a two-thirds majority appears to be dangling within reach, expect the Democratic-controlled Senate to push for more fact-finding and a longer trial —to the likely chagrin of the new President, and the possible satisfaction of Sen. McConnell in his new role as Minority Leader.

==$1000: Can Trump be barred from future office without a two-thirds vote in the Senate?

No… and yes.==

The most effective way to block a second coming of Donald Trump is still to attain a two-thirds vote in the Senate to convict him of “Incitement of Insurrection,” followed by a majority vote to bar him from office. Otherwise, the ballot box (or the penitentiary) will likely have to suffice.

Final Jeopardy: Will Trump lose his post-presidential perks if he is convicted by the Senate?

Some reports have suggested that, in addition to being barred from future office, Trump stands to lose a lot more if convicted by the Senate. He could forfeit a whole range of benefits granted to former presidents, including a $220,000+ annual post-presidential pension, a government-provided office, a $1.5 million annual travel allowance, lifetime security services provided by the Secret Service, a state funeral, and the option of burial at Arlington National Cemetery.

The Former Presidents Act of 1958 was designed to ensure that our outgoing chief executives could enjoy a dignified and safe retirement, even if this required considerable public expense. For a president ousted through impeachment, however, it seems worth asking whether these perks of office are justified. With the exception of security protection, it seems fair to deny these benefits to presidents who have abused their powers or violated the public trust.

>cont

>>12543102

>General Flynn just dropped a bombshell!

spit it out

>>12542985

>$600: Who Will Preside Over the Senate Trial?

>The Constitution provides that “When the President is tried” in an impeachment, “the Chief Justice shall preside.” (Art. I, Sec. 3, cl. 6). But does “the President” mean the current President only? Or does it mean anyone who has been President? The text of the Constitution does not say.

>Short answer: A secure conviction requires the Chief Justice in the chair. It is a task worthy of his time. John Roberts should start measuring his impeachment robes.

the libs are going to be in for a real shock when they learn Roberts is on Trump's side now